Suit accuses East Palo Alto cop of negligently hitting bicyclists

A bicyclist who was allegedly hit by an East Palo Alto police vehicle is suing the driver, the police department and the city.

Jose Barrera was lawfully riding along East Bayshore Road on Feb. 29, 2012, when he was hit by Officer Bobby Magami, who was pulling out of the Ravenswood 101 shopping center near the Mi Pueblo Food Center in East Palo Alto, according to Noel Hibbard, Barrera's lawyer.

Barrera "sustained serious physical injury," according to the lawsuit, filed Jan. 11 in San Mateo County Superior Court.

"The police officer negligently struck my client while he was riding a bicycle," Hibbard said during a phone interview Monday. "(Barrera) had to go through several months' physical therapy."

Hibbard did not know whether Magami was speeding, but said the officer was careless not to have observed the bicyclist as he pulled out of the parking lot. The attorney declined to give Barrera's city of residence, age or occupation, citing protection of his client's privacy.

The suit seeks unspecified compensatory damages, including reimbursement for wages lost, property, medical expenses and loss of earning capacity. A case management conference is scheduled for June 12.

Magami joined the East Palo Alto Police Department in 2009.

East Palo Alto police Chief Ron Davis and City Attorney Kathleen Kane both declined to comment on the matter, citing the pending litigation.